EB-2 vs EB-3: Visa Requirements, Step...
Employment-Based Visas Each year, the U.S. allows roughly 700,000 immigrants to enter the country....
Read MoreThe EB-3 visa is the employment-based, third-preference immigrant visa category for skilled workers, professionals, and other workers. It is a permanent immigrant category, not a temporary work visa.
More jobs fall under the EB-3 umbrella than that of the EB-1 or EB-2 visas, but the EB-3 still has its own stringent requirements (more on these below). There is no self-petition option. Because demand far exceeds the annual EB-3 supply, applicants from high-demand countries often face some of the longest waits of any employment-based category.
Scott D. Pollock & Associates, P.C. represents employers and foreign workers in EB-3 cases across all three categories, from the PERM labor certification through the immigrant petition and the final green card.
What Is the EB-3 Visa?
EB-3 is the employment-based third preference visa category, one of five categories through which the United States issues employment-based green cards each year. Within EB-3, the “other workers” group carries an additional statutory cap of 10,000 green cards a year.
Because it is an immigrant category, the EB-3 leads to lawful permanent residence rather than a temporary stay. It applies to a wider range of jobs than the EB-1 and EB-2 categories, but that accessibility comes with a longer process and a PERM certification requirement: an employer must sponsor the worker and prove, through labor certification, that no qualified U.S. worker is available for the role.
The Three EB-3 Categories
The EB-3 covers three groups of workers. All three require a permanent, full-time job offer and an employer willing to sponsor the case; none of them allow self-petitioning.
For jobs that require at least two years of training or work experience that is not temporary or seasonal. The worker must be able to document that training or experience, and the role must be one for which no qualified U.S. workers are available.
Examples include chefs, medical technicians, and skilled trades.
For jobs that require a U.S. bachelor’s degree, or a foreign equivalent, as the minimum for entry into the occupation. The degree has to be the normal minimum requirement for the role, not simply a credential the applicant happens to hold.
Examples include engineers, teachers, and accountants.
For jobs that require less than two years of training or experience, sometimes called unskilled positions, that are not temporary or seasonal. This group is capped at 10,000 green cards a year, so it usually faces the longest waits.
Examples include caregivers, food-production workers, and custodial staff.
PERM Labor Certification and the Schedule A Exception
Most EB-3 cases begin with PERM labor certification, the Department of Labor process that confirms no able, willing, and qualified U.S. worker is available for the position at the prevailing wage. The employer requests a prevailing wage determination, runs a period of recruitment under specific advertising rules, and then files the labor certification application. Only after it is certified can the employer file the immigrant petition. This stage is the longest part of an EB-3 case and cannot be expedited.
There is one significant exception. Certain occupations, known as Schedule A, are pre-certified by the Department of Labor (DOL) because it has already determined there are not enough American workers to meet U.S. demand for their type of labor. Group I covers registered nurses and physical therapists, and Group II covers certain individuals of exceptional ability in the sciences or arts. Foreign-educated nurses generally still need a VisaScreen certificate from TruMerit (formerly CGFNS) before the green card can be issued.
The EB-3 Application Process, Step by Step
1
Labor Certification (Exception: Schedule A)
The employer obtains a prevailing wage determination, completes PERM recruitment, and files the labor certification. For a Schedule A occupation such as a registered nurse or physical therapist, the recruitment and DOL review are skipped and the uncertified form is filed directly with USCIS.
2
File Form I-140
Once labor certification is in hand (or Schedule A applies), the employer files Form I-140, the immigrant petition, on the worker’s behalf. EB-3 does not allow self-petitioning, so the employer is always the petitioner. Premium processing is optionally available.
3
Wait for a Visa Number
An approved I-140 establishes eligibility but does not by itself grant status. A green card becomes available only when the worker’s priority date is current under the monthly Visa Bulletin, which can mean a wait of several years for applicants born in high-demand countries.
4
Adjust Status or Consular Process
Once a number is available, the worker either files Form I-485 to adjust status from within the United States, or completes consular processing at a U.S. consulate abroad, which results in the green card.
Priority Dates and the Visa Bulletin
For EB-3, the wait for a green card is usually driven less by processing speed than it is by visa availability. Priority date, which is fixed when the labor certification is filed, marks an applicant’s place in line. A green card cannot be issued until that date is current under the monthly Visa Bulletin, and because each country is limited to the same per-country share regardless of population, applicants born in high-demand countries may need to wait many years for approval.
Learn more about how EB-3 compares to EB-2 in our EB-2 vs. EB-3 comparison.
EB-3 Processing Times and Fees
Following PERM labor certification, an applicant’s I-140 can be premium processed within a set number of business days for an added fee. However, the more significant variable is almost always visa availability rather than adjudication speed.
Filing involves government fees that USCIS updates periodically. Form I-140 carries a base filing fee. Workers who adjust status file Form I-485, which has its own fee. Premium processing is available on the I-140 through Form I-907. Because these amounts change, confirm the current figures on the USCIS fee schedule before filing.
Frequently Asked Questions
EB-3 is an employment-based immigrant visa category that leads to a green card, meaning lawful permanent residence. Applicants abroad receive an EB-3 immigrant visa through consular processing, while those already in the U.S. adjust status directly. Either way, it is an immigrant (permanent) category, not a temporary nonimmigrant visa like the H-1B.
No. Every EB-3 category requires a U.S. employer to sponsor the worker and file the petition, and none allows self-petitioning. Self-petitioning is available only in categories such as EB-1A or the EB-2 national interest waiver.
Skilled workers fill jobs requiring at least two years of training or experience; professionals fill jobs that require a U.S. bachelor’s degree or its equivalent as the minimum for entry; and other workers fill positions requiring less than two years of training. The other-workers group is capped at 10,000 green cards a year, so it tends to have the longest waits.
Usually not. Registered nurses and physical therapists fall under Schedule A, Group I, which the Department of Labor has pre-certified, so the employer can skip the PERM recruitment and file directly with USCIS. Foreign-educated nurses generally still need a VisaScreen certificate from TruMerit (formerly CGFNS).
It depends on the route and country of birth. A standard case front-loads close to two years of PERM before the I-140, while Schedule A cases skip that stage. After the I-140, the wait depends on the priority date and the monthly Visa Bulletin, which can run several years for applicants from high-demand countries.
Talk With Our Attorneys About the EB-3 Visa
An EB-3 case depends on close coordination between the employer and the worker, and small errors in the labor certification or the petition can add months to an already long process. Scott D. Pollock & Associates, P.C. has guided employers and foreign workers through employment-based green card cases for over three decades, including skilled worker, professional, and Schedule A healthcare petitions. To discuss whether the EB-3 category fits your situation, call 312.444.1940 or fill out our online contact form to schedule a consultation.
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